What Are Statutory Damages and Why Do They Matter for Copyright Owners?

Posted on September 20, 2019September 23, 2019 by mchattie

One of the greatest advantages of a Registered copyright is the ability to have, in fact is a requirement, that statutory damages be awarded. A Registration also makes attorney’s fees much more likely. Under the Copyright Act, 17 USC §§501 et seq., creators of original works of authorship including literary, visual, dramatic, musical, and artistic works Read more about What Are Statutory Damages and Why Do They Matter for Copyright Owners?[…]

Skull Crushing Victory for Dan Aykroyd’s Spirits

Posted on March 30, 2017March 30, 2017 by mchattie

Who knew that comedian/actor Dan Aykroyd was co-founder of a vodka brand? And that not only is this vodka award-winning, but that it is delivered in a skull-shaped bottle? Interestingly too, Dan Aykroyd is dead serious about making sure to enforce his rights of this very distinctive registered trade dress of his. Aykroyd and his brand, Read more about Skull Crushing Victory for Dan Aykroyd’s Spirits[…]

Trademark Soundbite Gone Awry

Posted on July 24, 2014 by mchattie

Some musings – I was surprised to read about Ohio State University’s Registration of the trademark OHIO and equally surprised to learn that the university had filed a trademark infringement action against a perceived infringer, Teespring, 2:14-cv-00397. A little research revealed a few funny things. First the article read: “The Columbus Dispatch reports that Ohio Read more about Trademark Soundbite Gone Awry[…]

Patent Wednesday: The Ole College Try

Posted on March 26, 2014 by mchattie

March is an exciting month for colleges. The captivating national basketball tournaments are in full swing, students get to enjoy spring break, and long-lost academicians emerge from winter hibernation. And, if you happen to study at Boston University, you can follow along as your school has assumed a plaintiff’s role in a patent infringement lawsuit. Read more about Patent Wednesday: The Ole College Try[…]

Patent Wednesday: Revisiting Medtronic

Posted on March 12, 2014 by mchattie

If you own a patent, you enjoy the exclusive rights to make, use, sell, and offer for sale the underlying invention covered by that patent. Imagine if you own a patent and you decide to license the use of it to another entity. Then, the licensing entity embarks on an allegedly infringing activity. Whose burden Read more about Patent Wednesday: Revisiting Medtronic[…]

Friday Grab Bag: Aereo® on the Go?

Posted on February 28, 2014 by mchattie

Often in intellectual property disputes, a case can boil down to the simple issue of whether the ingenuity of one company crosses a line already established by another – whether the creative, diligent actions leading up to a fascinating new invention tread on the invaluable rights secured by another party. How far is too far? Read more about Friday Grab Bag: Aereo® on the Go?[…]

Friday Grab Bag: Going for (Fools’) Gold?

Posted on February 21, 2014 by mchattielaw

As the world watches this thrilling final weekend of the 22nd Winter Olympiad, legal competition will rage on even after Sunday’s closing ceremony. In a recent lawsuit from Canada, we are reminded that even an event as glorious as the Olympics can spark a hotly-contested legal battle. The popular winter apparel company The North Face® Read more about Friday Grab Bag: Going for (Fools’) Gold?[…]

Victory for the Patent Holder – Warner Chilcott v. Lupin and Amneal

Posted on January 22, 2014 by mchattielaw

Our home state of New Jersey was front and center in the sports world this year for Super Bowl XLVIII. But, from an industrial standpoint, New Jersey is often viewed as a leader in one particular business: pharmaceuticals. On January 17, 2014, Judge Joel A. Pisano of the District of New Jersey sided with Warner Read more about Victory for the Patent Holder – Warner Chilcott v. Lupin and Amneal[…]

IP News from the Supreme Court – December 2013

Posted on December 19, 2013 by mchattielaw

When the US Supreme Court elects to weigh in on matters of intellectual property, the legal landscape awaits their every word with bated breath. Two matters of the kind are currently before the Supreme Court: divided patent infringement liability and patentability of software. The adventure is just beginning. Divided Patent Infringement Liability: The Supreme Read more about IP News from the Supreme Court – December 2013[…]

How Invalidity can Trump Indirect Infringement: the Federal Circuit’s Decision in Commil v. Cisco

Posted on November 12, 2013 by mchattielaw

If you own a patent, you know that you need to be aware of potential and actual infringers. After all, a patent grants an inventor the exclusive right to make, sell, and use an invention, and what good are those rights if someone else is doing just the same with an identical invention? Of course, Read more about How Invalidity can Trump Indirect Infringement: the Federal Circuit’s Decision in Commil v. Cisco[…]